Duru

Duru v. Holder

Good Law
358 F. App'x 996
United States Court of Appeals for the Ninth CircuitDecember 17, 200905-76887California504 words

Opinion

Opinion

Gilbert Duru, a native and citizen of Nigeria, petitions for review of the Board of Immigration Appeals’ (“BIA’s”) denial of deferral of removal under the United Nations Convention Against Torture. Duru asserts that he has established that it is more likely than not that he will be tortured upon return to Nigeria, and therefore, meets the requirements for deferral as set forth in 8 C.F.R. §§ 208.16 (c), 208.17(a). We have jurisdiction under 8 U.S.C. § 1252 ; see also Lemus-Galvan v. Mukasey, 518 F.3d 1081, 1083 (9th Cir.2008). We will reverse only if we conclude that the evidence supports a contrary resolution that compels reversal. See 8 U.S.C. §§ 1252 (b)(4)(B), (C). We conclude that the BIA properly denied deferral as Duru failed to meet his burden.

Duru entered this country on a student visa and remained here unlawfully after his visa expired. Duru has an extensive criminal record, including a conviction for an aggravated felony involving drug-trafficking. In opposition to removal, Duru raised a variety of claims. The gist of his opposition is that as an ex-convict, he would face imprisonment and torture upon re-entry into Nigeria. Duru’s evidence consists of (i) his…

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